The Tenth Circuit recently held that a disabled employee was not required to show that she suffered a separate adverse employment action to establish a failure to accommodate claim under the American’s with Disabilities Act (ADA). Exby-Stolley v. Board of County Commissioners. Plaintiff alleged that the employer failed to accommodate her physical limitations, which stemmed … Continue Reading
Earlier this month, the Equal Employment Opportunity Commission (“EEOC”) updated its Technical Assistance Questions and Answers on COVID-19 issues to state that employers cannot require antibody testing of its employees before they return to work. The EEOC’s guidance came in response to the CDC’s earlier statement regarding antibody testing. In adding Question A.7, the EEOC … Continue Reading
The New York District Office of the Equal Employment Opportunity Commission recently commented that it had received an increasing number of charges relating to the COVID-19 pandemic, all of which alleged violations of the reasonable accommodation mandate of the Americans with Disabilities Act (ADA). While the number of filings was not disclosed, the New York … Continue Reading
The Second Circuit recently held that an employer did not violate the Americans with Disabilities Act when it refused to transfer, and then terminated, an employee because of his inability to perform his job due to migraines caused by the stress of his job. Woolf v. Strada. In this case, Plaintiff began to suffer migraines … Continue Reading
The Seventh Circuit Court of Appeals recently ruled that the American with Disabilities Act (“ADA”) does not protect an applicant who later may become impaired. In this instance, a worker applied for a position that would have required him to perform “safety-sensitive” tasks. After he was extended a conditional offer of employment, Plaintiff was required … Continue Reading
A recent case from a federal court highlights the importance of accurate job descriptions. In Wiggins v. City of Montgomery, Plaintiff applied for a promotion to the position of Revenue Examiner on three occasions over an eight-year period, most recently in 2015, and was denied each time. At issue was the job description’s requirement of … Continue Reading
In an issue of first impression in the Seventh Circuit, the Court of Appeals upheld summary judgment in favor of the employer dismissing the Plaintiff’s claim that obesity qualified as a disability under the Americans with Disabilities Act (“ADA”). Richardson v. Chicago Transit Authority. Plaintiff, a former Chicago Transit Authority (“CTA”) bus operator, alleged that … Continue Reading
Contrary to the U.S. Supreme Court’s restriction of class actions in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011), courts have granted the Equal Employment Opportunity Commission (“EEOC”) broad power to issue nationwide pattern-or-practice subpoenas even though only individual charges were filed against the employer. For example, eleven current and former employees, working among … Continue Reading
The Second Circuit recently held that the Americans with Disabilities Act (“ADA”) encompasses claims for hostile work environment harassment (“HWE”). Fox v. Costco Wholesale Corporation. While this plaintiff-friendly ruling may be disappointing to employers, the decision also contains some helpful analysis for defense of those claims. In Fox, Plaintiff brought ADA claims alleging discrimination, failure … Continue Reading
Workplace law changes constantly. Employers and EPL carriers need to keep up with expanding risks, changing legal obligations, reason-defying jury verdicts, the #MeToo movement, and a record number of threatened and asserted claims associated with these changes. Our 2019 EPLI Trends Report gives an overview of the related risks and exposures employers and, by extension, … Continue Reading
An employee who applies for and receives Social Security disability benefits may be judicially estopped from bringing a disability discrimination claim under the Americans with Disabilities Act (the “ADA”) according to a recent Louisiana District Court case. Tanner v. BD LaPlace, LLC. Paul Tanner was separated from his employment with BD LaPlace LLC (“BD”) for … Continue Reading
The Seventh Circuit Court of Appeals recently upheld dismissal of failure to accommodate and disability discrimination claims where, for several years, the employer provided accommodations relating to plaintiff’s mental health (including directing co-workers not to startle plaintiff). Scheidler v. State of Indiana et al. Despite that admonition, a supervisor reached toward her with a choking … Continue Reading
Employers often are reluctant to take adverse actions against poorly performing employees with a history of medical conditions due to the cost and risk involved in litigation (even though no federal, state or local law is intended to protect deficient job performance). In an instance where an employer decided to discharge a worker whose job … Continue Reading
Under the ADA Amendments Act of 2008 (“ADAAA”), an individual meets the requirement of being “regarded as” having a disability, and thus is protected from discrimination, where his or her employer believes that he or she is substantially limited in a major life activity regardless of whether he or she actually is disabled. Prior to … Continue Reading
Claiming that frequent restroom breaks were required by a pregnancy-related medical condition, a former employee’s claims were allowed to proceed under the Americans with Disability Act, but not Title VII. In Wadley v. Kiddie Academy International, Inc., plaintiff alleged that the employer discriminated against her because of a pregnancy-related disability by discharging her for leaving … Continue Reading
In Everson v. SCI Tennessee Funeral Services, LLC., the federal court granted summary judgment dismissing Plaintiff’s FMLA claims because the worker failed to follow Defendant’s FMLA notice requirements when requesting leave. As discussed below, Plaintiff’s ADA claim also was dismissed. In this lawsuit, Plaintiff alleged, among other things, that Defendant retaliated against him for requesting FMLA … Continue Reading
The United States District Court for the Southern District of Alabama in McClain v. Tenax Corp. recently denied in part an employer’s motion for summary judgment on a disabled employee’s failure to accommodate claim under the ADA. The Court held the ADA-required interactive process never took place where the employer’s issued an ultimatum to the … Continue Reading
In Rodrigo v. Carle Foundation Hospital, No.16-1403 (7th Cir.), plaintiff was a medical resident in a three-year residency program (the “Program”). In addition to completing certain rotations and passing parts one and two of the United States Medical Licensing Examination (“USMLE”) or (“Step 1” and “Step 2,” respectively), residents were required to pass Step 3 … Continue Reading
To enable employees to deal with natural disasters and severe local weather, employers should prepare to address issues arising from employees’ inability to get to work. By itself, being stuck at home because of a blizzard is not a protected activity. This constitutes a personal absence warranting no protection under the law. However, if the … Continue Reading
Though still a year away, employee health plans are in for significant change beginning January 1, 2019. This modification is the result of a longstanding argument about plan administration. In October 2016, the AARP sued the Equal Employment Opportunity Commission (EEOC), arguing that the regulations interpreting the Americans With Disabilities Act and Genetic Information Nondiscrimination … Continue Reading
Some times, small steps can have a big impact in defending employment-related litigation. For a few tips to start the new year click here… Continue Reading
The Eleventh Circuit Court of Appeals recently vacated the lower court’s grant of summary judgment that dismissed a disability discrimination claim brought by a female police detective. Years earlier, the detective suffered a “small heart attack” that the Police Department felt presented a significant risk if she suffered a Taser shock. As part of the Taser … Continue Reading
Determining how long an employer must hold a position for an absent worker is a question that vexes Human resources Directors and Operations management. The Seventh Circuit recently ruled, in Severson v. Heartland Woodcraft, Inc., that an employee’s request for extended leave after having exhausted his Family Medical Leave Act (“FMLA”) entitlement is not a … Continue Reading
In a recently filed lawsuit, the U.S. Equal Employment Opportunity Commission contends that Consolidated Edison Co. (“Con Ed”) violated the Americans with Disabilities Act (“ADA”) and the Genetic Information Non-Discrimination Act of 2008 (“GINA”) by its use of pre-employment medical examinations. According to the Complaint, Con Ed required applicants to submit to pre-employment medical examinations … Continue Reading
